(a) A person is guilty of murder in the first degree when:
(1) The person intentionally causes the death of another person;
(2) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person recklessly causes the death of another person.
(3) The person intentionally causes another person to commit suicide by force or duress;
(4) The person recklessly causes the death of a law-enforcement officer, corrections employee, fire fighter, paramedic, emergency medical technician, fire marshal or fire police officer while such officer is in the lawful performance of duties;
(5) The person causes the death of another person by the use of or detonation of any bomb or similar destructive device;
(6) The person causes the death of another person in order to avoid or prevent the lawful arrest of any person, or in the course of and in furtherance of the commission or attempted commission of escape in the second degree or escape after conviction.
(b) Murder in the first degree is a class A felony and shall be punished:
(1) As provided in § 4209 of this title for an offense that was committed after the person had reached the person’s eighteenth birthday; and
(2) As provided in § 4209A of this title for an offense that was committed before the person had reached the person’s eighteenth birthday.
11 Del. C. 1953,
§
636;
58 Del. Laws, c. 497,
§
1;
59 Del. Laws, c. 284,
§
1;
63 Del. Laws, c. 354,
§
1;
66 Del. Laws, c. 269,
§
1;
67 Del. Laws, c. 130,
§
8;
70 Del. Laws, c. 186,
§
1;
71 Del. Laws, c. 285,
§
2;
74 Del. Laws, c. 246,
§§
2, 3;
77 Del. Laws, c. 191,
§
1;
79 Del. Laws, c. 37,
§
1;
Notes of Decisions
Cited in
55
cases (
22 in the last 5 years), 1963–2026 · leading case:
Flonnory v. State
State v. Spence (1976)
del · cites it 2×
“HERRMANN, Chief Justice: This certification presents the question of the constitutionality of capital punishment for first degree murder under 11 Del.C. §§ 636 and 4209. 1 in light of the recent decisions of the United States Supreme Court in Woodson v.”
DeShields v. Snyder (1993)
ded · cites it 2×
“FACTUAL BACKGROUND 3 Following a jury trial in March 1986, DeShields was convicted and sentenced on two counts of murder in the first degree in violation of 11 Del.C. § 636; robbery in the first degree in violation of 11 Del.”
State v. Moyer (1978)
del · cites it 2×
“Are there not two elements of the crime of Murder 1st degree in violation of 11 Del.C. § 636(1) in Delaware, to wit: (1) ‘intent’ to cause the death of another person, and (2) causing the death of another person? “B.”
Rivera v. State (2010)
del
“11 Del C. § 636. 3 . Reese also told the police that he had seen a second man watching TV inside the Pinewood Acres trailer.”
Flamer v. Chaffinch (1993)
ded · cites it 2×
“THE DOUBLE JEOPARDY CLAIM Flamer was convicted of two counts of intentional murder (11 Del.C. § 636(a)(1)) as well as two counts of felony murder in the first degree with robbery as the underlying predicate felony (11 Del.”
State v. Sheppard (1974)
del · cites it 3×
“284 (approved by the Governor March 29, 1974), amending 11 Del.C. §§ 636 and 4209. * *143 I. The defendant is charged with murder in the first degree allegedly committed on May 18, 1974.”
State v. White (1978)
del
“On what ground was defendant found guilty? See 11 Del.C. § 636. (a) Defendant intentionally caused the death of another person.”
Johnson v. State (1982)
del
“I In the Superior Court Johnson was convicted of and sentenced for Murder in the First Degree, 11 Del.C. § 636. See Johnson v. State, Del.”
Fuentes v. State (1975)
del · cites it 2×
“The defendant was charged with murder in the first degree, 11 Del.C. § 636. 2 The jury found the defendant guilty of murder in the second degree, 11 Del.”
— 11 Del. C. § 636(1) — 2 cases
State v. Moyer (1978)
del
“Are there not two elements of the crime of Murder 1st degree in violation of 11 Del.C. § 636(1) in Delaware, to wit: (1) ‘intent’ to cause the death of another person, and (2) causing the death of another person? “B.”
— 11 Del. C. § 636(a) — 2 cases
— 11 Del. C. § 636(a)(1) — 11 cases
Flamer v. Chaffinch (1993)
ded
“THE DOUBLE JEOPARDY CLAIM Flamer was convicted of two counts of intentional murder (11 Del.C. § 636(a)(1)) as well as two counts of felony murder in the first degree with robbery as the underlying predicate felony (11 Del.”
— 11 Del. C. § 636(a)(2) — 18 cases
DeShields v. Snyder (1993)
ded
“FACTUAL BACKGROUND 3 Following a jury trial in March 1986, DeShields was convicted and sentenced on two counts of murder in the first degree in violation of 11 Del.C. § 636; robbery in the first degree in violation of 11 Del.”
Flamer v. Chaffinch (1993)
ded
“THE DOUBLE JEOPARDY CLAIM Flamer was convicted of two counts of intentional murder (11 Del.C. § 636(a)(1)) as well as two counts of felony murder in the first degree with robbery as the underlying predicate felony (11 Del.”
— 11 Del. C. § 636(a)(6) — 1 case
— 11 Del. C. § 636(b) — 2 cases
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